Fitch v. Lothrop

Connecticut Superior Court

Fitch v. Lothrop

1 Root 88

DecidedDecember 15, 1783

StatusPublished

This text of 1 Root 88 (Fitch v. Lothrop) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fitch v. Lothrop, 1 Root 88 (Colo. Ct. App. 1783).

Pincite

Opinion

To this declaration the defendants demur — And the following exceptions were taken; 1st. That a bondsman is not liable; unless the administrator has committed a devastavit, and in some point been deficient in his duty; and that this ought to appear from the declaration. 2d. The averment is that the defendants have never performed the conditions of said bond; which is a negative pregnant, for the administrator may have performed the conditions; although the defendants have not. Judgment that the declaration is insufficient.

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To this declaration the defendants demur — And the following exceptions were taken; 1st. That a bondsman is not liable; unless the administrator has committed a devastavit, and in some point been deficient in his duty; and that this ought to appear from the declaration. 2d. The averment is that the defendants have never performed the conditions of said bond; which is a negative pregnant, for the administrator may have performed the conditions; although the defendants have not. Judgment that the declaration is insufficient.

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Bluebook (online)

1 Root 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitch-v-lothrop-connsuperct-1783.